Costa

Appellants David Costa and Deanna Costa appeal from their convictions, after a jury trial, of knowingly making their home available for the manufacturing of a controlled substance for sale or distribution (Health and Saf. Code, § 11366.5, subd. (a)) and David Costa’s conviction of manufacturing amphetamine (Health and Saf. Code, § 11379.6). On appeal, they contend that the prosecution failed to plead and prove that the manufacturing of the controlled substance was for the purpose of sale or distribution and that this is an element of section 11366.5, subdivision (a). They further contend that the trial court had a sua sponte duty to advise the jury that police agents are immune from narcotics prosecutions and that if appellants reasonably believed they were helping an agent of the police they could not be found guilty. We reverse in part and affirm in part.

In the unpublished Section II of this opinion we discuss appellants’ remaining contentions: 1) that when appellant Deanna Costa’s case was dismissed pursuant to a plea bargain made with David Costa, the court had no authority to reinstate the case against her when David Costa withdrew his plea; 2) that the trial court…